ILLINOIS POLLUTION CONTROL BOARD
June 22, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
EDWARD VAN DER MOLEN and
PETER T. BARTON d/b/a SHADOW
LAKES RESORT,
Respondents.
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PCB 98-144
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On May 5, 2000, the parties filed a stipulation and proposal for settlement. The Board
accepts the stipulation and proposal for settlement filed by the parties in this matter. The
amended complaint alleged that respondents violated Sections 12(a) and 12(b) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a), 5/12(b) (1998)) and 35 Ill. Adm. Code
304.106, 306.304, and 309.203(a) by causing and allowing water pollution, offensive
discharges into waters of the State, and overflows of a sanitary sewer, failing to obtain an
operating permit, and operating without proper permits.
Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
publication of the required newspaper notice of the stipulation and proposal for settlement and
request for relief from the hearing requirement. The notice appeared in
The Herald-News
on
May 6, 2000. The Board did not receive any requests for hearing. Accordingly, the Board
grants a waiver from the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. Respondents deny
the alleged violations, but agree to pay $7,500. Respondents must continue to comply with
any federal, State, or local regulations including, but not limited to, the Act and the Board’s
regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Edward Van Der Molen and Peter T.
Barton d/b/a Shadow Lakes Resort (respondents) concerning their
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camping/outdoor recreational facilities located near the cities of Wilmington and
Braidwood, in Will County, Illinois. The stipulation and settlement agreement
is incorporated by reference as though fully set forth herein.
2. Respondents shall pay the sum of $7,500 within 30 days of the date of this
order. Such payment shall be made by certified check or money order payable
to the Treasurer of the State of Illinois, designated to the Environmental
Protection Trust Fund and shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 N. Grand Avenue East
Springfield, IL 62702
The certified check or money order shall clearly indicate on it Respondents’
federal employer identification number 36-3652277 and that payment is directed
to the Environmental Protection Trust Fund.
Any such penalty not paid within the time prescribed shall incur interest at the
rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
5/1003 (1998)), as now or hereafter amended, from the date payment is due
until the date payment is received. Interest shall not accrue during the pendency
of an appeal during which payment of the penalty has been stayed.
3. Respondents shall cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. Illinois Supreme Court Rule 335 establish such filing requirements. See
172 Ill. 2d R. 335; see also Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 22nd day of June 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
